Organ donation is encouraged as a humanitarian act — but transplantation is lawful only under strict compliance with the 2006 Law on Donation, Removal and Transplantation of Tissues and Organs (75/2006/QH11): voluntary, humanitarian, and never commercial.
Where and how to register
Adults aged 18 or older with full civil capacity may register to donate tissues/organs after death, or part of the body while living (under strict medical conditions). Registration is made at designated medical facilities, which issue a donor card/certificate. Family members cannot revoke a competent adult’s registration, though in practice family cooperation smooths the process.
Conditions for transplantation
Only Ministry of Health-recognized facilities — meeting specialist staffing, equipment, safety protocols and expert-council review — may perform organ removal and transplantation. Living donors must receive full risk counselling and give written voluntary consent; related medical costs are covered by the state budget/insurance funds as prescribed, and donors may not accept any “gratuity” tied to the donation.
Organ trading: the criminal boundary
All buying, selling or brokering of human tissues/organs is absolutely prohibited and prosecuted under Article 154 of the Penal Code 2015 (trafficking in human tissues/organs), with severe penalties. Even a “voluntary sale” driven by poverty cannot legalize the transaction — the seller’s consent does not remove criminality.
Frequently Asked Questions
Can family members refuse donation after a registered donor dies?
Legally, a competent adult’s registration stands on its own and the family cannot revoke it. In practice, hospitals usually need family cooperation to proceed.
Can a living person donate a kidney?
Yes, if medical conditions are met (donor health, compatibility) and the donor receives full counselling and gives written voluntary consent at an authorized transplant facility.
May a donor accept ‘support money’ from the recipient?
No. Any payment tied to the donation counts as organ trading and is criminally prosecuted. The donor’s medical costs are covered by the state/insurance per regulations.
This article has been quality-reviewed by the FLAW AI Legal Council
